Marriage capacity

A Marriage in violation of the condition relation to mental capacity to marry is voidable in general. Such a marriage can be annulled by a court by passing a decree of nullity on a petition filed by either party. – Hindu marriage act 1955, section 12(1) (b)

If one party to such a marriage knew of the mental condition of the other party at the time of marriage , he or she can still seek its annulment; the general bar of taking advantage of one’s own wrong’ applicable to other matrimonial proceedings will not apply in this case – Hindu marriage act 1955 Section 23 (1)(a)

In a case in which it was claimed that the marriage was voidable on the ground of lack of mental capacity of the wife it was held that “Strict proof is required with heavy burden on the party which approaches the court for annulment of a marriage already solemnized”jhui